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    • if other details match and this is as a result of say a marriage then yes. CCJ's are not against an address.    
    • Thanks DX and BN.   He did keep saying he’s done loads of parking cases in the past, over the 10 years he’d been doing it, so as you say he’s bound to have come across VCS stuff before isn’t he.   hopefully that’s the case then he just wants to go through it in a bit more detail. Either way you have given me a lot more confidence again now thanks.
    • From Alasdair Macleod , 40 years in stockbroking and financial  analysis  The Eurozone is bust. The deterioration of TARGET2 imbalances have been hardly noticed, but in recent months it has been alarming. Despite official denials over the years that it is a matter of concern, it is increasingly obvious that the national banks of Italy, Spain and other nations with increasing bad debts are hiding them within the TARGET2 system. The first wave of Covid-19, which is leading to bankruptcies throughout the Eurozone, is now being followed by a second wave, which will almost certainly take out a number of important banks, in which case the cross-border euro system will implode.   https://www.goldmoney.com/research/goldmoney-insights/the-destruction-of-the-euro
    • I agree but it doesn't change the fact they're all in the system the same way we are and they vote in certain ways for varying reasons that are far far away from our own motives.   The whole wretched system needs taking down and starting from scratch 
    • And would a back door CCJ at an address where I don’t live and in a name I don’t use affect me ? Bearing in mind I have no alias on my credit file ? 
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Welcome Finance - This company needs to be banned.


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Morning brassed off :)

 

Will see if I can copy and paste the relevant sections, read and interpret for yourself ;)

 

May be this afternoon though, sorrY!

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Hi everyone - Our complaint regarding interest on acceptance fee has been with the FOS since March and we have been appointed an adjudicator. I have advised the adjudicator that I will pass on details of the previous cases regarding acceptance fee.

However, where would I get copies of these judgements - I know Post put something on the forum a while back but it was removed. Can anyone help me get this information as hopefully it could help our case.

Many Thanks :)

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Hello all. I have been reading this forum since April and joined the other day. Have learned so much, thanks to everyone. Can someone advise me what are implied terms re. these Welcome contracts. I know what the prescribed terms are but cannot find reference to implied terms. Both my daughters contracts did not have the cost of credit brought out which is wrong, is this an implied term? I would have thought this was an important piece of info to have on the agreement, but its missing and I know it should be there according to CCA1974. Incidentally the first agreement was dated Aug 02 then wrapped into anther loan agreement in May 03. The muppets really saw them coming!

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Morning brassed off :)

 

Will see if I can copy and paste the relevant sections, read and interpret for yourself ;)

 

May be this afternoon though, sorrY!

 

Thanks Dipply

 

Looking forward to it!;)

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

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Millymo I am really puzzled now. If CCA1974 section 9 describes fees as the cost of credit and no interest can be charged, why is the fos seemingly in doubt about ineterst charged on fees. This seems to be a grey area, but as far as I am concerned the CCA1974 is very clear on this point or has a later amendment changed this? I have raised this point with WF but of course no reply yet, probably never get one either. They have been charging an extra £20/month interest on fees since 2003 which they are not entitled to. So you see my interest in this point.

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Hello all. I have been reading this forum since April and joined the other day. Have learned so much, thanks to everyone. Can someone advise me what are implied terms re. these Welcome contracts. I know what the prescribed terms are but cannot find reference to implied terms. Both my daughters contracts did not have the cost of credit brought out which is wrong, is this an implied term? I would have thought this was an important piece of info to have on the agreement, but its missing and I know it should be there according to CCA1974. Incidentally the first agreement was dated Aug 02 then wrapped into anther loan agreement in May 03. The muppets really saw them coming!

 

Contract - Express & Implied Terms

 

Contract: express and implied terms

How are terms incorporated into a contract? At first it looks like a silly question, because we’d usually expect them to be explicitly included in the contract. Express terms are terms that have been specifically mentioned and agreed by both parties at the time the contract is made. They can either be oral or in writing.

However, sometimes a term which has not been mentioned by either party will nonetheless be ‘included’ in the contract, often because the contract doesn’t make commercial sense without that term. Terms like this are called implied terms, and there are two main types:

  • Terms implied by statute: the Sale of Goods Act 1979. The key provisions are:


    • Section 12: the person selling the goods has to have the legal right to sell them.


    • Section 13: if you’re selling goods by description, e.g. from a catalogue or newspaper advert, then the actual goods have to correspond to that description.


    • Section 14: the goods must be of “satisfactory quality” – that is, they should meet the standard that a reasonable person would regard as “satisfactory”. Also, if the buyer says they’re buying the goods for a particular purpose, there’s an implied term that the goods are fit for that purpose.


    • Section 15: if you’re selling the goods by sample – you show the customer one bag of flour and they order 50 bags – then the bulk order has to be of the same quality as the sample.

  • Terms implied by the courts


    • As a matter of fact. Something that’s so obviously included that it didn’t need to be mentioned in the contract. If I agree to pay you £50 for a lawnmower, it probably wouldn’t occur to us to write down that we mean fifty pounds sterling, as opposed to any other sort of pound. That’s obvious to both of us. (Beware of this point – it has to have been obvious to both parties – it’s not enough to show that one party thought it was included, or that the contract would have been more reasonable with the added term.)


    • As a matter of law. This is about general considerations of public policy – the courts are laying down, as a matter of law, how the parties to certain types of contract ought to behave. For example, in one case, the courts held that landlords of blocks of flats ought to keep the communal areas (lifts, stairs etc) in a reasonable state of repair – so that term was implied into the rental contract.


    • Customary terms. Some terms are generally known to be included in contracts in a particular trade or locality. Amongst bakers, “one dozen” means thirteen – they don’t have to include terms in every contract specifying that.

Do note that any of these terms implied by the courts can be excluded with an express term. If a bakers contract has a clear term in it that says “one dozen means twelve for the purposes of this contract”, then the courts can’t say that a dozen has to equal thirteen!

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Hi all sorry again for being off forum for so long but had lots of personal stuff going off at the moment.

 

Topped off with a broken arm! Sleep walking a cat and stairs do not mix

 

Was thinking about claiming on my PPI to watch them refuse my claim cos of pre-existing - wouldn't that be nice to show HMCS lmao :)

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Hi all sorry again for being off forum for so long but had lots of personal stuff going off at the moment.

 

Topped off with a broken arm! Sleep walking a cat and stairs do not mix

 

Was thinking about claiming on my PPI to watch them refuse my claim cos of pre-existing - wouldn't that be nice to show HMCS lmao :)

 

 

Good to hear from you Andi...sorry to hear about your mishaps though!!

 

you could always use your plastercast to clonk Mr p back to his senses!!! dress sense!!:lol::lol: How long now to your rendezvous???

 

b-o-2

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

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Good to hear from you Andi...sorry to hear about your mishaps though!!

 

you could always use your plastercast to clonk Mr p back to his senses!!! dress sense!!:lol::lol: How long now to your rendezvous???

 

b-o-2

 

3 weeks :) maybe I can get a little judicial sympathy :D

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Brassed off, late I know! This bit of the CCA 1974:

 

107 Duty to give information to surety under fixed-sum credit agreement

 

(1) The creditor under a regulated agreement for fixed-sum credit in relation to which security is provided, within the prescribed period after receiving a request in writing to that effect from the surety and payment of a fee of £1 , shall give to the surety (if a different person from the debtor)—

 

(a) a copy of the executed agreement (if any) and of any other document referred to in it;

 

(b) a copy of the security instrument (if any); and

 

© a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

 

(i) the total sum paid under the agreement by the debtor,

 

(ii) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due, and

 

(iii) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amount and dates mentioned in subsection (1)© (iii), he shall be taken to comply with that sub-paragraph if his statement under subsection (1)© gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

 

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

(4) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the security, so far as provided in relation to the agreement; and

 

(5) This section does not apply to a non-commercial agreement.

Edited by Dipply75
removed repealed section

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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has it????

 

:confused:

 

no ones contacted me

 

Hi PT Steven4064 said he was going to forward you copy of my docs. If you have not received them let me know. Will gladly forward them to you.

Edited by dadofholly
spelling
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Hi PT Steven4064 said he was going to forward you copy of my docs. If you have not received them let me know. Will gladly forward them to you.

 

Thank you for the e-mail and the info - this was exactly what I was looking for :) Fingers crossed the FOS agrees that interest should not be charged on acceptance fee.

 

Just out of interest - what would happen in the unlikely event that the FOS do agree and say interest should not have been charged on acceptance fee - would this still have to go to court for agreement to be deemed unenforceable?

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The FOS have no power to declare an agreement unenforceable.

 

so you will need a declaration that the agreement is unenforceable and that can only come from the Court

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Thank you for the e-mail and the info - this was exactly what I was looking for :) Fingers crossed the FOS agrees that interest should not be charged on acceptance fee.

 

Just out of interest - what would happen in the unlikely event that the FOS do agree and say interest should not have been charged on acceptance fee - would this still have to go to court for agreement to be deemed unenforceable?

 

The more I look into it the more I think they are stuffed on this one :lol:

 

CCA clearly states :

 

For the purposes of this Act, an item entering into the total charge for credit shall not be treated as credit even though time is allowed for its payment.

 

So would that be just about every agreement they've ever written then pmsl? :lol:

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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What it means is that something like an acceptance fee which is obviously part of the charge for credit can be paid over a period of time, often the period of the loan, but it cannot be part of the loan amount itself - in particular, this means there must be no interest added in respect of it.

 

Where Welcome fall down is in the area of insurance. This forms part of the loan and has interest added onto it. However, commission paid or received should be part of the charge for credit on this part of the loan. Welcome never declare it as such but include it in the premium - ie as part of the credit. Naughty, naughty

Steven

 

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Double whammy then really. As Steven says, they are naughty with the Insurance side of it and the Acceptance Fee they LIST in the charge for credit....but we all know and have proof they then TREAT it like credit and charge interest:

 

Part II

Credit Agreements, Hire Agreements and Linked Transactions

 

 

8 Consumer credit agreements

 

(1) A personal credit agreement is an agreement between an individual (“the debtor”) and any other person (“the creditor”) by which the creditor provides the debtor with credit of any amount.

 

(2) A consumer credit agreement is a personal credit agreement by which the creditor provides the debtor with credit not exceeding £25,000.

 

(3) A consumer credit agreement is a regulated agreement within the meaning of this Act if it is not an agreement (an “exempt agreement”) specified in or under section 16.

 

 

9 Meaning of credit

 

(1) In this Act “credit” includes a cash loan, and any other form of financial accommodation.

 

(2) Where credit is provided otherwise than in sterling, it shall be treated for the purposes of this Act as provided in sterling of an equivalent amount.

 

(3) Without prejudice to the generality of subsection (1), the person by whom goods are bailed or (in Scotland) hired to an individual under a hire-purchase agreement shall be taken to provide him with fixed-sum credit to finance the transaction of an amount equal to the total price of the goods less the aggregate of the deposit (if any) and the total charge for credit.

(4) For the purposes of this Act, an item entering into the total charge for credit shall not be treated as credit even though time is allowed for its payment.

 

This issue has been kicking about for ages and has nagged away at all of us (POst, Andie, Millymo, me! etc) The implications are huge!

 

hehe

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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bloddy hell dipply

 

where in the cca does it state this

 

cant believe ive missed this

 

You haven't post....you did start digging into this before, we could never get to the bottom of it though!

 

I may be disappear sometimes but am still here :wink:

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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